[Ord. 6-2004, 6/9/2004]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Part:
BUSINESS PREMISES or PREMISES
The area of a junkyard as described in a junk dealer's license
or application for license, as provided for in this Part.
JUNK
Old iron, steel, brass, cooper, tin, lead or other base metals;
old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles
or other glass; bones; wastepaper and other wastes or discarded material
which might be prepared to be used again in some form; and any or
all of the foregoing; and motor vehicles, no longer used as such,
to be used for scrap metal or stripping of parts; but junk shall not
include materials or objects accumulated by a person as byproducts,
waste or scraps from the operation of his own business or materials
or objects held and used by a manufacturer as an integral part of
his own manufacturing process.
JUNK DEALER
A person who operates a junkyard, as defined below, within
the Borough.
JUNKYARD
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk, as defined above, upon which
occurs one or more acts of buying, keeping, dismantling, processing,
selling or offering for sale any such junk, in whole units or by parts,
for a business or commercial purpose, whether or not the proceeds
from such act or acts are to be used for charity.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. 6-2004, 6/9/2004]
An applicant for license under this Part shall file with the
Health Officer or Council's designee a written application signed
by himself, if an individual, by all partners if a partnership and
by the president or chief officer of a corporation or other organization,
upon forms provided by the Health Officer, together with five copies
of such application and a fee as hereinafter prescribed. The application
shall be sworn to by each of its signers before a notary public or
other officer authorized by law to administer oaths and shall include
the following information or material:
A. Name, residence address and telephone number of each individual owner,
partner, or, if a corporation or other organization, each officer
and director.
B. Trade names used during the previous five years by the applicant
and each person signing the application, along with the locations
of prior establishments.
C. Name and addresses of employers of each person signing the application
during the previous five years.
D. The trade name and address of the business on behalf of which application
is made and its telephone number, if assigned.
E. The name, residence address and telephone number of each person employed
or intended to be employed in the business as of the time the application
is filed.
F. Exact address or location of the place where the business is or is
proposed to be carried on, plus a sketch of the actual premises to
be used in connection with the business, giving distances in feet
and showing adjoining roads, property lines, buildings and uses.
G. A description of the materials with which any buildings to be used
in connection with the licensed business are to be made; a sketch
giving distances, showing the location of such buildings on the business
premises; and a diagram or plan giving distances and heights, showing
floors, exits, entrances, windows, ventilators and walls.
H. Such other information as the Health Officer or Council's designee
shall find reasonably necessary to effectuate the purposes of this
Part and to arrive at a fair determination of whether the terms of
this Part have been complied with.
[Ord. 6-2004, 6/9/2004]
The annual fee to be paid for any license or renewal of license
issued hereunder shall be that which is fixed by Council's resolution
from time to time. No refund shall be made of any license fee after a license
has been issued.
[Ord. 6-2004, 6/9/2004]
No license issued under this Part shall be transferred or assigned
or used by any person other than the one to whom it was issued and
no junk dealer's license shall be used at any location other than
the one described in the application upon which it was issued.
[Ord. 6-2004, 6/9/2004]
The Health Officer or Council's designee shall inspect the junkyard
of all junk dealers licensed under this Part at least once a year
to determine whether such yards are being operated in accordance with
the provisions of this Part and other applicable provisions of law.
[Ord. 6-2004, 6/9/2004]
When the Health Officer or Council's designee determines that
the public interest so requires, it shall revoke or suspend the license
of any junk dealer or itinerant junk dealer when it finds after due
investigation that:
A. The junk dealer or any agent or officer of such dealer who takes
part in the operation of the licensed business, or the itinerant junk
dealer is not of good character or reputation or is not capable of
operating the licensed business or carrying on the licensed activity
in a manner consistent with public health, safety and good morals.
B. The junk dealer has failed to comply with the provisions of this
Part or any provision of law applicable to the premises, equipment
or operation of the licensed business.
C. The licensee has obtained his license through any fraud or misstatement.
D. The licensed business or activity is being conducted in a manner
detrimental to the health, safety or general welfare of the public,
or is a nuisance, or is being operated or carried on in any unlawful
manner.
E. The licensed business or activity is no longer being operated or
carried on.
[Ord. 6-2004, 6/9/2004]
Any person aggrieved by an order of the Health Officer or Council's
designee granting, denying, renewing, suspending or revoking a license
for a proposed or existing business or activity subject to the provisions
of this Part may file a written request for a hearing before the Borough
Council within 10 days after issuance of such order. The Borough Council
shall give notice of a public hearing upon this request to be held
in not less than five days after service of the notice on the person
requesting the hearing. The Borough Council shall also give notice
of the hearing to other persons directly interested in the order in
question. At such hearing, the Borough Council shall determine whether
the granting, suspension, denial, renewal or revocation of the license
was in accordance with the provisions of this Part and shall issue
written findings of fact, conclusions of law and an order to carry
out its findings and conclusions. These findings of fact, conclusions
of law and order shall be filed with the secretary of Borough Council
and served by the Borough Council upon all parties appearing or represented
at said hearing. The Borough Council shall have the authority to affirm,
overrule, revoke, reverse or amend any order, action or determination
of the Health Officer or Council's designee.
[Ord. 6-2004, 6/9/2004]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues, after notice
thereof, shall constitute a separate offense.
[Ord. 6-2004, 6/9/2004]
This Part shall be known and may be cited as the "Conshohocken
Junk Dealer Ordinance of 1970."